Summary
sustaining preliminary objections to mandamus suit seeking to compel building inspector to enforce zoning ordinance and cause neighbor to tear down offending structure where landowner had other adequate remedies, including instituting proceedings to "restrain, correct or abate" an asserted ordinance violation himself
Summary of this case from Bell v. Twp. of Spring BrookOpinion
Argued January 9, 1959.
March 16, 1959.
Mandamus — Scope of action — Use to enforce zoning ordinance — Availability of other remedy.
In this action of mandamus against a zoning board of adjustment and a building inspector of a first class township to compel them to enforce the provisions of the zoning ordinance by requiring the removal of a building violating the ordinance and in which it appeared that under the terms of the township zoning ordinance the plaintiff had another adequate, appropriate and specific remedy to enforce his rights, it was Held that plaintiff could not maintain an action of mandamus.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.
Appeal, No. 104, Jan. T., 1959, from judgement of Court of Common Pleas Montgomery County, June T., 1958, No. 364, in case of Luigi Riccardi v. Board of Adjustment of Plymouth Township et al. Judgment affirmed.
Same case in court below: 16 Pa. D. C.2d 243.
Mandamus.
Adjudication filed dismissing complaint, and judgment entered for defendant, opinion by FORREST, J. Plaintiff appealed.
Alphonso Santangelo, for appellant.
A. Benjamin Scirica, for appellees.
The judgment is affirmed on the opinion of Judge FORREST for the court below, reported at 16 Pa. D. C.2d 243.
Judgment affirmed.